How Divorce Affects Your Estate Plan in Arkansas

The Divorce Decree has been signed, property has been divided, and your divorce case has been officially closed. It’s time to close that chapter of your life and move forward. However, if you have an existing estate plan, it’s critical to understand how divorce impacts your legal documents — and what steps you need to take to ensure your wishes are properly protected.

Here’s what you need to know about estate planning after divorce in Arkansas.

Wills and Divorce

In Arkansas, a final divorce decree automatically revokes any provisions in your Will that benefit your former spouse. For example, if your Will previously left your home or other assets to your ex-spouse, those specific provisions are considered null and void as a matter of law.

Importantly:

• Your entire Will is not invalidated.
• All portions of the Will that do not involve your ex-spouse will remain fully enforceable.

If your Will does not already name alternate beneficiaries or successor Executors, now is the time to update your documents. Without alternates, your estate could face unnecessary complications. An experienced estate planning attorney can assist you in making these updates to reflect your current wishes.

(See Ark. Code Ann. § 28-25-109.)

Powers of Attorney and Divorce

Powers of Attorney are also affected by divorce in Arkansas, but in a slightly different way. You don’t have to wait for the divorce to be finalized for changes to take effect.

Filing for divorce alone automatically revokes any part of a Power of Attorney that names your spouse as your Agent. However, it’s important to review your specific Power of Attorney carefully, because some forms may include language allowing a spouse to continue serving even after divorce proceedings begin.

Key reminders:

• Review your Power of Attorney to ensure your ex-spouse is no longer designated.
• Make sure you have appointed alternate successors who can act on your behalf if needed.

(See Ark. Code Ann. § 28-68-110.)

Essential Estate Planning Steps to Take After Divorce

To fully protect your interests after divorce, take these important steps:

• Review all estate planning documents. Carefully read your Will, Powers of Attorney, Health Care Directives, and any Trust documents.
• Update successor agents and beneficiaries. Ensure you have named appropriate alternate individuals who can inherit your assets and act on your behalf if you become incapacitated.
• Consult your estate planning attorney. Making updates yourself can lead to unintended consequences. An attorney will ensure that all revisions are valid and properly executed under Arkansas law.

Estate planning after a divorce is about more than just updating names on documents — it’s about securing your future and providing peace of mind for yourself and your loved ones.

Need Help Updating Your Estate Plan After Divorce?

At Kristen Komander Law, we can review your existing documents, recommend updates, and craft a plan that reflects your new life and goals. Contact us today to schedule a consultation.